Home » More on Mueller’s folly: Rick Gates’ testimony

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More on Mueller’s folly: Rick Gates’ testimony — 26 Comments

  1. Again, Gates has perjured himself and done so more than once. In soliciting that testimony, Mueller is guilty of suborning perjury.

    I’ll be surprised if Gates is charged with perjury and astonished if Mueller is prosecuted for suborning perjury.

    Ironically, there is obstruction of justice at play but it rests with the prosecution.

  2. I noted yesterday that Mueller and company are third raters who only succeed when the deck is stacked in their favor. That seems to be wildly over generous after yesterday’s testimony.

  3. If this Gates dude turns out to be as bad an apple as it looks like he is, and if a[nother] scandal erupts -slash- is manufactured as a result, do we consumers of news get to refer to said scandal as Gates-gate?

  4. In an honest just world…Mueller would be horsewhipped, tarred & feathered along with about 2/3 of the Democrat office holders in DC.

    And bloody 44 & Hillary would be in jail.

  5. Setting aside Gates questionable, at best, testimony, there are several uncontested charges that will put him away according to Gene Rossi who appeared on Maddow’s show Wednesday night. Rossi is a former federal prosecutor from the Eastern District of Virginia who has been sitting in on the trial. He has appeared before the judge in this case many times, knows the defense attorneys, and seems to be a straight shooter. He also represents one of the 8 witnesses, the one who is not going to be called. The other witnesses were supposed to testify today and Friday. Here is a clip from the show. You judge, starting at about 5 minutes in:

    https://www.msnbc.com/rachel-maddow/watch/manafort-defense-has-been-dealt-horrible-cards-former-prosecutor-1295223363769

  6. To clarify, the “him” that will be put away according to Rossi, is Manafort, not Gates.

  7. I want this trial to blow up in team Mueller’s faces; but that may be impossible considering where the trial is being held. However, it takes just one juror to gum up the works. Fortunately, the presiding judge seems a bit exasperated with the Mueller team. We’ll see.

  8. OT i just discovered an english word kowtow today which i believe is a borrowed word from the chinese language meaning an subordinate doing an extreme bowing to his superior with his head going all the way down to touching the floor (something obama used to do all the time to foreign dictators) is that a commonly used word in American culture? If I use it in a sentence communicating will that word be understood by most native English speakers?

  9. Dave,

    The concept of kowtow is well know to those of us who have been immersed in Asian martial arts. Sensei demands your total concentration and will correct you relentlessly. You will not become a first degree black belt in 3 years. Gradually you learn over many years, at least 6 to test for shodan, first degree black belt.Then the sensei becomes your benefactor and the relationship between student and master becomes less harsh and more benevolent. Under Japanese masters that takes 10-15 years dependent on your abilities. If you want the skill/knowledge you accept those terms. You have to seek out real masters beyond the strip mall pretenders.

  10. Let that sink in: the only evidence is the testimony of this incredibly mendacious person who’s been embezzling from Manafort and is testifying in order to substantially lighten his own sentence.

    If you read the tweets, it’s actually much worse than this. At every point in the investigation, Gates has been caught lying. He lied before the embezzlement (obviously), but he got caught lying to Mueller’s team during his plea deal, and then got caught lying a couple of times during his testimony to this court!
    At the end of hearing all that, he said that the jury should believe him without corroboration. LOL

  11. Dave:

    In my generation they would certainly be quite familiar with the word. Maybe not the physical meaning of bowing all the way to the floor, but the basic meaning is well understood.

    I have no idea what the younger generation knows or doesn’t know.

  12. The Other Chuck on August 9, 2018 at 7:26 pm at 7:26 pm said:

    Setting aside Gates questionable, at best, testimony, there are several uncontested charges that will put him away according to Gene Rossi who appeared on Maddow’s show Wednesday night.

    You’re funny.
    First by quoting anything on Maddow’s show. She’s the left’s Alex Jones.
    Secondly, if Mueller had iron-clad charges against Manafort that could put him away, he would be jeopardizing his case by putting this fool on the stand. He never would’ve called him to testify, and the press wouldn’t keep referring to him as the “star witness.”

    Mueller has no more than what we’ve seen, and that’s almost nothing.

  13. Matt_SE:

    Don’t blame Gates for the stupidity of his answers. Blame him for his crimes, which apparently are manifold. But his lines are being fed to him by Team Mueller. They apparently believe the jury is stupid, or so consumed with Trump-hatred that they will convict Manafort on the basis of this betraying, lying, cheating scumbag’s testimony alone.

  14. …he’s apparently the only evidence they’ve got.

    Let that sink in: the only evidence is the testimony of this incredibly mendacious person who’s been embezzling from Manafort and is testifying in order to substantially lighten his own sentence.

    Huh? I’ve heard the opposite: they could convict even without Gates.

    That makes more sense because it’s a document case. Manafort didn’t report $30M in income. He didn’t pay taxes on that income. He failed to report foreign bank accounts and foreign assets.

    We don’t need Gates to tell us that. It’s all there on paper. Manfort’s accountants testified against him.

    My understanding is that Gates comes in because Manafort is claiming it’s all Gates’ doing. They can’t prove that but they’re hoping that hits the “reasonable doubt” standard.

    That sounds like a far-fetched theory to most observers; “Hey some criminal is committing crimes for my benefit and i didn’t know!” Be that as it may, the paper trail shows that Manafort knew (for example, his passport was used to open foreign accounts, even when his name was not on them).

  15. Manju:

    But that’s the point—it’s he-said/he-said.

    If, for example, there is nothing that says who was the person who did it with knowledge and criminal intent—which, after all, is a major element of the crime—and if Gates says Manafort did that and Manafort says Gates did it, then who does a juror believe? There is no other evidence of who was responsible and knowledgeable.

    Now, I haven’t followed the trial and all the evidence at all closely. But I am going on the transcript, which I assume you read, where the defense says do you expect the jury to just believe you, uncorroborated? The question refers to knowledge and intent and responsibility—is it Gates’, Manaforts’, or both?

    There is also a second trial (on different charges) which hasn’t even begun yet. The present one is in Virginia and the second is in DC. The present one is about bank and tax fraud; the DC one is about money laundering and not registering as a foreign agent. Gates doesn’t have anything to do with the second trial’s charges, as far as I know. So Manafort could be convicted on any of those charges. I don’t think he’ll skate after all of this—unless of course he ends up giving Mueller what he wants and implicates Trump in something that either actually happened, or something that is trumped up (couldn’t resist the pun).

    I think that if Mueller and company thought the Virginia case was airtight without Gates they would never have risked putting Gates on the stand. His history and motives work against the prosecution, IMHO. It’s my understanding that the other evidence in the case (besides Gates’ testimony) is the paper trail. Something happened; the papers show it. The question is: what did Manafort know? What did Manafort intend? Only Gates is testifying about that. Knowledge and intention are elements of the crimes for which Manafort is being tried in Virginia. [I added a clarification in the post on this.]

    Now, the jury is free to believe that even though Gates is a lying scumbug, he’s not lying about Manafort, who is also a scumbag. But they need to believe Gates in order to believe that Manafort’s intent and knowledge has been proven beyond a reasonable doubt.

    Manafort is facing 100 years of prison. I find that astounding in terms of what he actually did, even if all the charges are true. It seems exceedingly excessive to me; many murderers get off far more lightly. But the point of it all is to get Manafort to “pull a Gates” only this time against Trump. If Manafort is convicted, he gets a chance to do that prior to the sentencing.

    That’s why Manafort is being overcharged and treated in such a Draconian manner. And that’s why the prosecution–which originally had charged Gates with the same crimes and the possibility of the same penalties—offered Gates a deal if he would talk, a deal that allows him anything from zero jail time to something like 10 years maximum. Pretty sweet deal, compared to 100 + years, right? And yet Manafort faces the 100+ year sentence possibility.

  16. it’s he-said/he-said…and if Gates says Manafort did that and Manafort says Gates did it, then who does a juror believe?

    That might work if a car is stolen. But in this case it’s Manafort’s own income that went unreported. It’s his own taxes that went unpaid.

    the defense says do you expect the jury to just believe you, uncorroborated?

    Gates’ testimony being uncorroborated isn’t the same as his testimony being the only evidence. And a defense attorney asking him is a jury should believe him even in the event that his testimony is uncorroborated, doesn’t mean his testimony is actually uncorroborated.

  17. Is this what it’s come down to, defending the scum that Trump surrounds himself with? He sure does know how to pick them, the Omarosas, Bannons, Cohens, and Manaforts.

    He that walketh with wise men shall be wise: but a companion of fools shall be destroyed.

  18. Consider the complexity of the tax code and the recent change allowing companies to bring cash back from overseas if they pay taxes. Perhaps the defense will suggest that they thought that money earned overseas is not taxable until it is returned to the states.

    Yes, it is a stretch, but depending on the jury,it might be enough for reasonable doubt for someone.

  19. The Other Chuck:

    Oh please. There were plenty of decent people, too, in the campaign. And there are a lot of scumbags in DC. They don’t call it “the swamp” for nothing. Hard NOT to hire quite a few. Plus, a lot of more conventionally-minded people didn’t want to work for Trump; hated him and figured he would lose anyway so why bother.

    And he fired Manafort pretty quickly.

    However, even scumbags are entitled to fair trials.

  20. Manju:

    I have read other sources (Andrew McCarthy, for example) who say the intent part of the case rests entirely on Gates’ say-so. Doesn’t mean Manafort won’t be convicted, of course. But as I said, Gates was necessary because he is the source of the evidence for that element of the crime.

    I’m pretty sure that Manafort doesn’t fill out his own tax return. He signs it, but he doesn’t prepare it. Here are some more details of Gates’ testimony [emphasis mine]:

    On the stand, Gates testified that he and Manafort knowingly committed several crimes. He said that at Manafort’s direction, he didn’t report 15 foreign financial accounts they controlled to the US government, even though they knew that was illegal. He also testified that Manafort directed him to send millions in foreign cash as phony “loans” to his US companies, so he could avoid paying taxes on them…

    But the defense team has made its strategy clear: They hope to pin as much of the allegations against Manafort as they can on Gates instead. Defense lawyer Thomas Zehnle focused much of his opening statement last week on attacking Gates, claiming Manafort had merely “placed his trust in the wrong person,” accusing Gates of embezzling, and calling Gates the “foundation of the special counsel’s case.”…

    Gates testified Monday that on all these fronts, Manafort knew exactly what he was doing. He testified that to the extent he helped, he was doing so at Manafort’s instruction. And he testified that both of them knew full well that what they were doing was illegal.

    He is there to testify to Manafort’s state of mind. The rest of the evidence the prosecution introduced as to Manafort’s state of mind consists of tax documents and the like, from which someone might certainly conclude that Manafort must have known or should have known, but there is nothing that tells anyone what he actually did know or did intend. Only Gates gives that information, and that information is supposedly necessary in order to find Manafort guilty.

    One of the most important facts about Gates is not just that, if what he says about Manafort is indeed true, then Gates is just as guilty as Manafort of the same crimes Manafort is being tried for, although that is true. The important thing is that Gates was screwing Manafort, embezzling money from him. It doesn’t just demonstrate that he’s a liar and a crook, it demonstrates that, despite being Manafort’s partner (and, apparently, his protege), Gates had no reluctance to screw Manafort over and betray him. And that was before Mueller even got to him and put the screws on him. He was a viper in regard to Manafort even before they were caught. So how on earth can we think he would have a single moment of reluctance to lie about Manafort and stab him in the back now that he (Gates) can get out of a potential 100-year prison term by doing so?

    This is also quite interesting, although of course its meaning can be interpreted in several ways:

    Manafort reportedly stared directly at Gates, while Gates avoided eye contact with Manafort.

    If you read this, too, it really appears that Gates was handling the paperwork, supposedly (according to him) doing all the shady stuff at Manafort’s request. But the “at Manaford’s request” part is just because Gates says it was. Now, perhaps there’s a lot more that doesn’t appear in these newspaper articles. But the articles I’ve read indicate that Gates was doing all the nitty gritty, talking with the accountants and making the wire transfers—as well as simultaneously defrauding Manafort.

    I think that this headline summarizes it rather nicely: “Rick Gates says he lied for years at Paul Manafort’s request and stole from him in the process”:

    In his first hour on the witness stand, Gates catalogued years of crimes, saying most of his wrongdoing was committed on behalf of his former boss, Paul Manafort, while other crimes were for his own benefit, including the theft of hundreds thousands of dollars. Gates also made clear he was testifying against Manafort in the hopes of receiving a lesser prison sentence, having pleaded guilty in February as part of a deal with special counsel Robert Mueller…

    For most of his testimony, Gates did not look at Manafort, while the defendant stared intently at his former business partner…

    Gates, 46, testified that he had embezzled from other employers as well and that he volunteered that information to investigators once he began cooperating.

    So Gates is a habitual liar and criminal, defrauding everyone (not just Manafort), and yet certain crimes—the ones for which prosecutors wish to convict Manafort—he only did at Manafort’s direction. One could certainly conclude, though, that he needed no such encouragement or direction.

    And I think that this is really the heart of the matter [emphasis mine]:

    Manafort’s lawyer, Kevin Downing, tried to undercut the prosecutors’ case by getting Laporta [the accountant] to concede that Manafort’s finances were complicated, and that Gates was deeply involved in the process.

    How Manafort’s New York properties were classified on his taxes changed some years, and she agreed that keeping track of those changes was “difficult to follow.”

    As I wrote earlier, it seems that Manafort delegated many of these tasks to Gates. And Gates was a criminal. Why should we believe Gates when he says “the devil Manafort made me do it”?

    Do we have any indication Manafort was a habitual criminal, doing things like this even before he met Gates and put him in charge of a lot of this stuff? I don’t think so; at least, I’ve never read anything to that effect (and failing to register as a lobbyist does not count in terms of habitual criminality). And yet Gates has been committing crime crime after crime on his own for much of his life, including crimes against Manafort, crimes involving finances. You might say it’s his specialty. This absolutely stinks as testimony.

    Gates is Uriah Heep, minus the ‘umbleness:

    Uriah Heep’s scheme is this: he is a law clerk for Mr. Wickfield. But he knows that Mr. Wickfield is depressed over his wife’s death and has a severe drinking problem. So, Uriah Heep encourages the drinking. Slowly, he takes over more and more of Mr. Wickfield’s daily affairs, until Mr. Wickfield relies on Uriah Heep completely (even though Mr. Wickfield never really likes or trusts him – he feels that he has no choice).

    To make the trap even harder to get out of, Uriah Heep starts showing Mr. Wickfield receipts for crazy investments and loans with Mr. Wickfield’s name attached to them. Mr. Wickfield can’t remember signing them, but he also can’t explain the evidence of his own financial wrongdoing that Uriah Heep has shoved in his face.

    So, Uriah Heep blackmails Mr. Wickfield into signing Uriah Heep as a partner of his law office…

    Not a perfect analogy by any means, but Uriah Heep is what Gates keeps bringing to mind for me.

  21. Also, do not forget that the Democrats never let a crisis go to waste, even (especially) if they are the ones who created the crisis in the first place.

    https://libertyunyielding.com/2018/08/09/u-s-senator-has-plan-for-government-to-take-over-social-media-because-russia/

    https://www.theatlantic.com/international/archive/2018/07/obama-breaks-his-silence/565421/

    The broad themes of Obama’s speech, meanwhile, left little doubt about the targets of his criticism. He touched on the erosion of a consensus on what constitutes facts; “news cycles [that bring] more head-spinning and disturbing headlines”; and the threat of a “return to an older, more dangerous, more brutal way of doing business.”

    “People just make stuff up. They just make stuff up. We see it in the growth of state-sponsored propaganda. We see it in internet fabrications. We see it in the blurring of lines between news and entertainment,” Obama said. “We see the utter loss of shame among political leaders where they’re caught in a lie and they just double down and they lie some more. It used to be that if you caught them lying, they’d be like, ‘Oh, man’— now they just keep on lying.”

    * * *
    Neo’s readers can draw their own conclusions about Obama’s accusations.

  22. Why does anybody besides the most hard core legal beagle even care about this trial? To me its just about a guy who laundered a lot of money. There must be hundreds of other people currently on trial for money laundering. I know Mueller is prosecuting this case, but it has nothing to do with The President or with the task Mueller, as Special Prosecutor, was originally given.

  23. Doug Purdie:

    People care about the case for three reasons. The first is that they don’t like to see differential justice. Why is Manafort being pursued so assiduously and Gates getting off free or relatively free? The second is the broad scope of the Mueller probe. On a bunch of cooked-up “evidence” and some leaked cooked-up “evidence,” Mueller was appointed with an exceptionally broad charge and powers to investigate just about anyone and everything connected with Trump or Russia. Manafort was swept up in that net, even though these charges had zero to do with Trump. The third is that many people suspect (and the judge in this case has suggested) that Manafort is only being prosecuted in order to get him to implicate Trump in some wrongdoing in exchange for a much reduced sentence, much as Gates was pressured to implicate Manafort in exchange for a much reduced sentence.

  24. “…even care about..”

    Fair question, I guess. Let’s try this:

    Because it’s NOT about justice.

    Because it’s about a soft coup d’état against a legally-elected POTUS.

    Because it’s about successfully turning the American justice system into a Stalinist kangaroo court—with the enthusiastic (to the point of rabid) participation of people who consider themselves good, decent, law-abiding, patriotic, liberal Americans, ginned up to the point of hysteria by a media who believe their moral imperative, their job!, is to destroy this presidency.

    Because it’s about demonizing and destroying people associated with POTUS in order to ultimately implement the soft coup d’état and bring down the supposed monster that occupies the Oval Office.

    Because it’s about enshrining extraordinary hypocrisy as the highest ethical value of the nation—a nation that apparently, to the deep sorrow and anger of all those good, decent, etc. people—has not been sufficiently “fundamentally transformed”.

    Because it’s about disenfranchising those voters who had enough of eight years of such “fundamental transformation”; who had enough of an administration that gleefully categorized Americans as “stupid”, an administration that proudly trumpeted its purportedly clever use of lies and “echo chambers” (together with willing confederates) to ram through its policies, and administration that exulted in its deceptions and “Executive Actions” to bypass Congressional oversight.

    Etc.

    One might imagine that this might attract the attention of a few people (give or take) on either side of the aisle…. (Or maybe not.)

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